State v. Yant

OPINION

FOLEY, Judge.

George Yant appeals from the trial court’s denial of his motion for a mistrial or new trial because of jury misconduct, failure to instruct on fifth-degree assault and alleged incompetence of counsel. Appellant does not challenge the sufficiency of the evidence to sustain conviction. Appellant was convicted and sentenced on two counts of second-degree assault. There were two victims of the assault which occurred simultaneously as part of the same incident. Appellant also seeks review of his sentence. We affirm the convictions and remand for resentencing.

FACTS

On October 11,…